IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.4057 of 2017 M.Krishnamoorthi .. Petitioner Vs.
1. The District Collector Collectorate Building Salem-636 001.
2. The Revenue Divisional Officer Attur, Salem District- 636 102.
3. The Tahsildar Attur, Salem District- 636 102.
4. The Zonal Deputy Tahsildar Attur, Salem District- 636 102.
5. The Revenue Inspector Attur, Salem District-636 102.
6. Sivabakkiyam
7. Vaiyapuri
8. Madheswaran .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the entire records relating to the impugned notice under section 7 of the Land Encroachment Act (Ref.Nil), dated 20.01.2017 issued by the 5th respondent/Revenue Inspector, Attur, quash the same and also forbear respondents 1 to 5 from interfering with the peaceful possession and enjoyment of 65 ½ Cents of grama natham land in S.No.18/4 of Muttal Village, Attur Taluk, Salem District, by the petitioner and his family members.
For Petitioner : Mr.D.Shivakumaran For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 1 to 5 ORDER (Order of the Court was made by the Acting Chief Justice) Aggrieved by the notice issued by the 5th respondent/Revenue Inspector, Attur, under Section 7 of the Land Encroachment Act (Ref.Nil), dated 20.01.2017, the petitioner has filed this writ petition seeking to quash the same and forbear respondents 1 to 5 from interfering with the peaceful possession and enjoyment of 65 ½ Cents of grama natham land in S.No.18/4 of Muttal Village, Attur Taluk, Salem District.
2. It is the plea of the petitioner that the grama natham land can never be construed as government land and, therefore, the notice under Section 7 of the Land Encroachment Act is unsustainable in law and illegal. In this regard, the petitioner also submitted a detailed reply on 31.1.2017 to the fifth respondent.
3. If that be so, it is for the appropriate authority to consider the reply submitted by the petitioner and pass appropriate orders in accordance with law. Only if any order is passed by the authority concerned, a cause of action would arise for the petitioner to approach this Court or any other forum in accordance with law.
4. That apart, it appears that civil suit filed by third party seeking declaration of the land in question as government land is pending and the counter suit filed by the petitioner's mother seeking permanent injunction in respect of the very same land is also pending. The petitioner can work out his right also in the civil proceedings.
The writ petition is dismissed. No costs. Consequently, W.M.P.No.4207 of 2017 is closed.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 17.02.2017 To:
1. The Assistant Executive Engineer Public Works Department Construction Sub Division North Coimbatore Coimbatore.
2. The Tahsildhar Coimbatore North Coimbatore.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.4057 of 2017 17.02.2017